1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter 0f the ) STIPUIATION OF FACTS AND

g Educator License of: ) FINAL ORDER OF SUSPENSION

g STEVEN DANIEL LUBY g

8 On or about April 20, 2012, the Commission received a patron complaint

9 indicating Steven Luby may have committed acts which constitute gross neglect of duty.
1O After review of the matters alleged, Luby and the Commission agree that their
1 1 respective interests, together with the public interest, are best served by a stipulation to
12 certain facts and a 3O day suspension of Luby‘s teaching license in the State of Oregon,
13 and requiring Luby to successfully complete a sensitivity training course approved by the
1 4 Commission.
15 By signing below, Luby acknowledges, understands, stipulates, and agrees to the
16 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
17 ﬁndings of fact, conclusions of law, and order set forth below, and fully and ﬁnally
1B waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
19 Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this Stipulation
20 and Final Order is a public document and disclosed to the public upon request by the
21 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to
22 approval and adoption by the Commission. If the Commission does not approve and
23 adopt this Stipulation and Final Order, then neither Luby nor the Commission are bound
24 by the terms herein; (iv) he has fully read this Stipulation and Final Order, and
25 understands it completely; (v) he voluntarily, without any force or duress, enters into
26 this Stipulation and Final Order and consents to issuance and entry of the Stipulated
27 Final Order below; (vi) he states that no promise or representation has been made to
28 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
29 attorney regarding this Stipulation and Final Order and has been fully advised with
3O regard to his rights thereto, or waives any and all rights to consult with an attorney prior
31 t0 entering into this Stipulation and Final Order and issuance and entry of the Stipulated
32 Final Order below.
33 STIPULATION OF FACTS
34 1. Luby has been licensed by the Commission since July 30, 1990. Luby holds a
35 Standard Teaching License issued October 5, 2007, with endorsements in Basic
36 Health Education (018), Basic Physical Education (018), and Basic Social Studies

Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION

1 (020), which was set to expire on November 27, 2012. Luby made timely application
2 for renewal on October 15, 2012, and his license status was changed to “expiration
3 pending” until this case was resolved. During all relevant times, Luby was employed
4 by the Vale School District.
5 2. 0n or about September 1, 2011, student athlete SD presented a medical restriction,
6 restraining him from lifting weights, practicing or playing football until medically
7 released. Luby’s rules as head coach required all players (including injured /
8 restricted) to attend practice and games if only to observe. On or about September 5,
9 2011, SD’s parent observed SD participating in practice in violation of the medical
1O restrictions. SD told his parent that Luby told SD he was letting down the team and
1 1 should be practicing.
12 3. On or about September 8, 2011, student athlete AT was injured (torn ACL) in a
13 football game. AT’s parent advised that Luby failed to provide adequate attention to
14 AT at the time of the injury. AT provided Luby with a medical note from his doctor
15 restricting him from practice and games. AT and his parent allege Luby harassed AT
16 about his injury and pressured AT into standing at practice further aggravating his
1 7 injury.
18 4. On or about September 18, 2011, student athlete CR was injured and provided a
19 medical excuse restricting him from physical activities. CR and his parent allege Luby
20 encouraged CR to practice regardless of his injury. Luby spoke with CR’s parent and
21 told her that CR would not participate in practice. When CR’s parent arrived at
22 practice, she learned that CR had been fully suited up and had been placed into
23 practice regardless of his injuries. Luby later informed CR‘s parent that he failed to
24 inform the other coaching staff that CR was not to participate in practice.
25 Participating in practice aggravated CR’s injuries, and he was later taken to the
26 hospital for treatment.
27 5. On or about September 9, 2011, student athlete DP was injured in a football game
28 where Luby was head coach. DP exhibited signs 0f being injured: slow moving,
29 crying, head ache, and dilated pupils. Patrons reported they could observe that DP
30 was seriously injured from the stands. DP’s parents allege Luby disregarded DP’s
31 injury for the sake 0f the game, endangering DP’s health. DP sought medical
32 attention after the game and was diagnosed with a concussion and was restricted
33 from physical activities for over ﬁve weeks. DP reports that after his return to football
34 practice, he had his testicles stepped on during practice. While he was recovering
Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION

1 from this injury Luby belittled him by yelling, “Are you going to be out for another

2 ﬁve weeks!

3 6. Multiple patrons and students allege that during Luby’s tenure as a coach, Luby

4 regularly belittled student athletes, disregarded injuries, endangered students’

5 health, and used inappropriate language while yelling at students. For example,

6 telling student athletes “You guys need to get your heads out of your asses" after a

7 sporting event, or by telling students they were “stupid, worthless mama's babies”

8 who Luby would not allow them to make him look bad. Multiple patron complaints

9 regarding Luby’s aggressive and inappropriate behavior, and Luby’s disregard for
10 student health, were filed with the school.
1 1
12 IT IS so STIPULA ED: //

., /
13 /” r" 5/ g
14 -6’, . /? ' 7/
15 Steve t @IV/ J _ Date
16 W7 / 1 r
11 A; 1.4 .11 /////1,,1./1 WK) 6 “23 ‘5
18 1ctoria Cha . Fl- ' ' , Executive Director Date
19 Teacher Standards and Practices Commission
20 CONCLUSIONS OF LAW
21 1. By engaging in the conduct in paragraph 2 to 6, Luby committed Gross Neglect of
22 Duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates
23 OAR 584-020-001o(1) (Recognize the worth and dignity of all persons and respect
24 for each individual), OAR 584-020-001o(5) (Use professional judgment), OAR
25 584-o2o-oo2o(1)(d)(Skill in the supervision of students),OAR 584-020-0025(1)
26 (The competent educator is a person who understands students and is able to relate
27 to them in constructive and culturally competent ways. The competent educator
28 establishes and maintains good rapport. The competent educator maintains and
29 uses records as required, and as needed to assist the growth of students), OAR 584-
30 020-0030(1)(The competent educator works effectively with others -- Students,
31 staff, parents, and patrons. The competent educator is aware of the ways the
32 community identiﬁes with the school, as well as community needs and ways the
Page 3 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION

1 school program is designed to meet these needs. The competent educator can
2 communicate with knowledge, clarity, and judgment about educational matters,
3 the school, and the needs of students), OAR 584-020-003o(2)(b) (Skill in
4 communicating with administrators, students, stajf parents, and other patrons);
5 and OAR 584-o2o-oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D)
6 (Honoring appropriate adult boundaries with students in conduct and
7 conversations at all times).
8 ORDER
9 1. Based on the foregoing, the Commission hereby suspends Mr. Luby’s teaching
10 license for 30 days beginning the date that this order is signed by the Executive
1 1 Director below.
12 2. In addition to compliance with any Commission rule regarding license
13 reinstatement, Luby must successfully complete a sensitivity training course,
14 subject t0 approval by the Commission.
15 ‘QM
16 Issued and dated this day of June, 2015.
17 TEACHER STANDARDS AND PRACTICES COMMISSION
18 STAT GON ‘
19 a :%Q£ gﬂMm)
5(1) Victoria Ch ' , Executive Director
Page 4 STIPULATION OF FACTS AND ORDER OF SUSPENSION AND PROBATION